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May 2015 Archives

Parents' child custody plan may affect children emotionally

Some of the most challenging decisions made in a Texas divorce may be decisions related to child custody. There are various schools of thought about the advantages and disadvantages of joint child custody. Splitting up a family is never easy, and both parents and children typically go through extended periods of adjustment. Regardless of how a chosen type of custody will impact on the lives of the parents, the ideal situation for the children and their individual needs must be the primary consideration.

Is an inheritance part of community property in a Texas divorce?

When a couple files for a divorce in Texas, they will be subject to the community property laws of the state. All assets gathered during a marriage will be subject to division in an equal manner. Assets that were brought into the marriage by either partner will remain the property of that person. However, when an inheritance forms part of a couple's assets in a divorce, the handling of the money may determine whether it is separate or community property.

How will parental rights affect a vacation with the children?

Newly divorced parents in Texas may be adjusting to their new, single lives and complying with all the specifications of their divorce agreements and parenting schedules. Nevertheless, some stumbling blocks may arise when one of the parents decides to take the children away for a vacation. Not only will the parent have to consider the legal requirements but also the parental rights of the other parent.

Are child custody orders in a divorce decree set in stone?

While a divorce decree is indeed binding, it is changeable. A Texas parent whose circumstances at the time of the divorce required him or her to agree to an ex-spouse having sole custody of their children may change. He or she may subsequently be in a position to spend more time with his or her children. This could be because of a change in employment that requires less traveling, or a medical condition that no longer presents a problem. Although not easy to accomplish, a child custody modification is possible.

Do fathers' parental rights allow them to stop adoptions?

When children are born to unmarried parents, paternity must be established legally in Texas in order for the children's fathers to have legal rights to those children. While some fathers ensure that this is done right away by signing an acknowledgement of paternity, fathers who are unaware of their children's births do not have this option, nor do fathers whose children's mothers refuse to sign paternity documents. What happens when fathers have not yet established paternity and want to exercise their parental rights to prevent their children from being put up for adoption?

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Warmbrodt, Winslow & Associates.
One Allen Center, 700 Central Expressway South, Suite 150
Allen, TX 75013
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